Winslow v. Jones

-Appellant, as mortgagee, brings against ■appellees, as mortgagors, the action of detinue for the recovery of a horse. The mortgage, which was of personal chattels, was executed February 11, 1888, and included, at that time, two horses. Some months after, by request and consent of the mortgagors, both being present, one of the horses originally included in the mortgage was released therefrom, and in lieu thereof the horse now sued for was, by interlineation, substituted. The sole question presented is, whether, under section 1731 of the Code, which declares, “A -mortgage of personal property…